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  Time Set   # 25.       
Board of Supervisors   
Meeting Date: 06/06/2017  
Brief Title:    Authorize the County Administrator to file application to form Groundwater Sustainability Agency for any unmanaged area
From: Patrick Blacklock, County Administrator
Staff Contact: Elisa Sabatini, Natural Resources Manager, County Administrator's Office, x5773
Supervisorial District Impact:

Subject
Hold a public hearing and consider adoption of a resolution authorizing the County Administrator to file all necessary applications to form a groundwater sustainability agency for any portion of the County that is unmanaged by June 30, 2017 in accordance with the Sustainable Groundwater Management Act of 2015. (No general fund impact) (Blacklock/Sabatini)
Recommended Action
  1. Hold a public hearing on a resolution (Attachment A) authorizing the County Administrator to file the necessary applications to establish a sustainable groundwater agency (GSA) for any white (unmanaged) areas within the County boundaries; and
     
  2. Direct staff to provide the Board with quarterly updates on the next steps for any area afforded GSA  coverage by the County.  
Strategic Plan Goal(s)
Thriving Residents
Sustainable Environment
Flourishing Agriculture
Reason for Recommended Action/Background
Background

On May 9, 2017, the Board unanimously approved the County's participation in the Yolo Subbasin Groundwater Agency through execution of a joint exercise of powers agreement (JPA).  That staff report provides ample background on the Sustainable Groundwater Management Act (SGMA) and the County's participation in the ongoing efforts to form a locally managed groundwater agency to comply with SGMA. (See Attachment B)

In 2016 the Water Resources Association of Yolo County (WRA) applied for a groundwater basin boundary modification (BBM) from the state Department of Water Resources.  The modification was approved and merged the four (4) groundwater subbasins located within Yolo County into one subbasin; the Yolo subbasin.  However, several entities had signaled to the WRA that they intended to form their own groundwater sustainability agencies (GSA's) or join another GSA (examples include Dunnigan Water District, and several reclamation districts in southern Yolo County that opted to form the proposed North Delta GSA).  Maps are provided as Attachment 3 to this staff report. The WRA has been supportive of any entity that wanted to go its own way and form its own GSA and has maintained an "open door" policy for any entity that chose to opt in at a later date.

However, as of the due date of this staff report (5/30/17), those reclamation districts in the southern Yolo County panhandle have not yet joined the North Delta GSA.  The North Delta GSA was proposed to include many reclamation districts in the northern delta region that share similar geography, hydrology, and enjoy excellent groundwater quality and quantity. These reclamation districts cover land in Yolo, Sacramento, and Solano County.  A map depicting the proposed North Delta GSA is provided in Attachment C. GSA's are required to be formed by June 30th, 2017.  Any area subject to SGMA that is not covered by a GSA on July 1, 2017 will be subject to intervention and management by the State Water Resources Control Board and their associated adopted fees. The state intervention process is described in Attachment D.

This request of the Board, to authorize the County Administrator to take the necessary steps to file for GSA status over any unmanaged areas within Yolo County, is a preemptive action to prevent the intervention of the State Water Resources Control Board and may not be necessary should the reclamation districts in southern Yolo County successfully join the North Delta GSA. Due to stringent legal public noticing requirements required by the state to take action to form a GSA, this Board meeting is the County's last opportunity to offer GSA coverage to the landowners and businesses in potentially unmanaged areas within our jurisdiction.

Future Management of Unmanaged Areas

Approval of the requested actions would allow the County to file for GSA status over one or more of the following special districts: 
Agency Acres
RD 150 5,000
RD 307 5,941
RD 765 1,400
RD 999 26,136
Total 38,477

Fortunately, all of the currently unmanaged areas in southern Yolo County enjoy good groundwater quality and quantities, and the County should have minimal responsibility for such districts during the short period of time they may be managed by the County. 

At that point these areas will have two paths:
 
1. To form their own GSA and dissolve the County's GSA coverage, or
2. It is anticipated that the state will once again begin accepting basin boundary modifications in July 2017.  Should the County file for GSA over any unmanaged area on June 30, 2017 the County would then file for a basin boundary modification to the Yolo Subbasin to expand the subbasin to include those formerly unmanaged areas.  Once part of the Yolo Subbasin those areas would be managed by the Yolo Subbasin Groundwater Agency.  

Staff anticipates that the either process could take 90-180 days. 

For these reasons, staff recommends that the Board: 
  1. Hold a public hearing on a resolution authorizing the County Administrator to file the necessary applications to establish a sustainable groundwater agency (GSA) for any white areas within the County's jurisdiction; and
  2. Direct staff to provide the Board with quarterly updates on the next steps for any area afforded GSA  coverage by the County.  
Collaborations (including Board advisory groups and external partner agencies)
County staff and WRA member staff have met with representatives of all potentially unmanaged areas within the County and discussed the County's temporary involvement in the SGMA process should it become necessary. Staff have also coordinated with Sacramento and Solano county staff; both counties plan to make similar requests of their respective Boards. 

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
Att. A. Resolution
Att B. May 9, 2017 Staff Report
Att C. Groundwater Subbasin Maps
Att. D. State Intervention Process
Att. E. Presentation

Form Review
Inbox Reviewed By Date
Elisa Sabatini (Originator) Elisa Sabatini 05/30/2017 09:29 AM
Phil Pogledich Phil Pogledich 05/31/2017 02:03 PM
County Counsel Phil Pogledich 06/01/2017 11:43 AM
Form Started By: Elisa Sabatini Started On: 05/17/2017 01:19 PM
Final Approval Date: 06/01/2017

    

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